In New Jersey, decisions on child custody cases are based on the best interests of the child, and parent’s willingness to co-operate, communicate and compromise will be taken into account. Read posts that address situations relating to child custody that we have experienced over the years.
Under New Jersey’s Prevention of Domestic Violence Act (PDVA), domestic violence is defined as the actual or threat of physical, emotional, sexual, or economic abuse of a person by another person with whom they have or have had an intimate relationship. This relationship must be either marriage, divorce, separation, cohabitation, dating, or someone with whom…
Under New Jersey law, a child can only have two legal parents, even though in reality the child may have a stepfather, stepmother, or other “de facto” parental figure involved in their lives. And while those child/stepparent bonds may be as strong as a biological tie, stepparents have few legal rights when it comes to…
Society today is vastly different than it was even a decade ago, with more parents being unmarried than ever before. In fact, one in four parents living with a child in the U.S. today is unmarried due to a decrease in marriages and an increase in the birth rate, according to Pew Research Center. If…
When a married couple has a child, New Jersey law assumes that the male spouse is the biological father of that child. However, when a child is born to an unmarried couple, paternity must be established. If an unmarried couple decides to split, custody cannot be considered for the father until paternity has been established. …
New Jersey courts have long recognized the benefit of the involvement of both parents in the daily lives of their children and tend to favor joint custody when there is a divorce, absent any evidence of abuse or neglect. Courts today tend to favor a joint custody arrangement, which can be legal, physical, or both. …
New Jersey courts make custody decisions based on the best interests of children. Unless there are circumstances that would disqualify a parent from being in their child’s life — for example, domestic violence, abuse or criminal behavior — courts believe that it is important for both parents to be accessible to their children. However, in…
Moving a child out of state is usually a very emotional decision. There may be many good reasons for relocation – a new job, a desire to be closer to family, or even the need to make a fresh start. However, if you are the custodial parent and want to move with your child out…
If you are a New Jersey parent seeking sole custody — either in conjunction with your divorce/separation or as a modification of an existing order — you should know that New Jersey courts make custody decisions based on the best interests of the child. Judges are given great latitude in making that determination; the only…
In all child custody matters, New Jersey family courts will be guided by what is in the best interest of the child. Judges look very carefully at a number of factors when determining custody under New Jersey law, which includes but are not limited to: The parents’ ability to agree, communicate, and cooperate in matters…
New Jersey family courts follow guidelines that keep the best interests of the child at the center of legal decisions, and the courts typically believe that children do best when both parents are involved in their lives. Custody does not usually become an issue until one spouse moves out or seeks an order for visitation…
Same sex marriage has been legal in New Jersey since 2013, and New Jersey family courts apply the same divorce and custody laws to same sex couples as they do to heterosexual couples. When it comes to child custody, state law requires that there be no bias based on gender or sexual orientation. The right…
The typical standard for determining child custody is the best interests of the child. Depending on the parenting plan agreed to during your divorce, parents may share both physical and legal custody, or one parent may be granted both. Determination of custody can depend on several factors, including the age of the children, each parent’s…
New Jersey courts have long recognized the benefit of the involvement of both parents in the daily lives of their children and tend to favor shared — or joint — custody when there is a divorce, absent any evidence of abuse or neglect. There have been many studies on the benefits of shared parenting for…
When divorcing spouses are unable to agree on child custody, a judge may order a custody evaluation. Both spouses participate in the process, where a psychologist or other mental health expert will evaluate both parents and the children and make custody and visitation recommendations to the court. Since courts usually give significant weight to these…
Unless abuse or neglect has been an issue at home, most children view their homes as a safe haven in which to grow up. When a divorce happens, children are usually shuttled between parents as part of a shared custody arrangement. While that may work for some, most children would prefer being in their own…